Correct on the date of publication - 16 June 2025
Question:
What is the position when a suspect answers police bail and there is fresh evidence?
Answer:
The detention clock continues when the suspect answers his bail. Therefore, if they were in custody prior to being bailed, for say 14 hours, then there will be 10 hours remaining.
If there is fresh (new) evidence and the suspect is arrested prior to answering bail, then a new 24 hour detention clock starts.
If the suspect is allowed to answer bail, even though new evidence has come to light, the old clock will continue. The suspect cannot attend the police station and then be arrested on new evidence for a new clock to start.
For an explanation of fresh evidence, see Legal Q&A: PACE - re-arresting on fresh evidence or for a more detailed explanation of relevant matters see Failing to answer / breach condition police bail - arrest and other matters.
View the full Legal Q&A document here, with links to related and similar legal questions.
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